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Please can anybody help me?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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linatchen1
Newly Registered
Posts: 1
Joined: Sat Sep 26, 2015 2:29 pm

Please can anybody help me?

Post by linatchen1 » Sat Sep 26, 2015 3:27 pm

I have been resident in the UK with leave to remain based on my Northern Irish spouse exercising his EU right as an Irish citizen to work in the UK. Before my visa expired my spouse went to work abroad temporarily although we are still together. For the past year and a half have I been residing legally in the UK?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Please can anybody help me?

Post by physicskate » Sat Sep 26, 2015 6:04 pm

linatchen1 wrote:I have been resident in the UK with leave to remain based on my Northern Irish spouse exercising his EU right as an Irish citizen to work in the UK. Before my visa expired my spouse went to work abroad temporarily although we are still together. For the past year and a half have I been residing legally in the UK?

If your spouse is no longer in the UK, then the rights that you derive based on his residency cease to exist! You will really struggle to extend or apply for PR because you will not be able to prove his exercising his treaty rights. Ipso facto, you are in a rough spot.

Why not join your husband abroad?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Please can anybody help me?

Post by noajthan » Sat Sep 26, 2015 6:46 pm

linatchen1 wrote:I have been resident in the UK with leave to remain based on my Northern Irish spouse exercising his EU right as an Irish citizen to work in the UK. Before my visa expired my spouse went to work abroad temporarily although we are still together. For the past year and a half have I been residing legally in the UK?
My understanding is a dual national who is a BC is only treated as a BC in UK by the HO.
So unless spouse and you have previously undertaken a Surinder Singh route (via a 3rd EU country) how does spouse come to have EU rights in UK at all?

Based on your outline it's somewhat unclear that you have any basis for residency in UK at the moment (even before spouse went to work abroad).

What is the visa you mentioned?
How did your husband get his EU rights - have you done a Surinder Singh option?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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